and the cross-claim made against it by defendant Delta Airlines, Inc. on the ground that the Court has no jurisdiction over it. Because no more is necessary to the decision of the matter before the Court, we shall regard Douglas' motion as one to quash the service of process. So regarded, the motion will be granted. In Rufo v. The Bastian-Blessing Co., 405 Pa. 12, 173 A.2d 123 (1961) the Supreme Court of Pennsylvania enunciated the rule that
'Through the medium of section 1011, subd. B, the legislature has validated service upon a non-registered foreign corporation by service upon the Secretary of the Commonwealth only in a restricted area, i.e., where the action arose out of acts or omissions of the corporation within the Commonwealth and where a corporation has 'done business' in Pennsylvania within the meaning of Section 1011, subd. C.
'Under the language of Section 1011, subd. B, the commission of 'acts' or 'omissions' on the part of the foreign corporation is a jurisdictional sine qua non.'
It is conceded by plaintiff that the action does not arise out of acts or omissions of Douglas Aircraft Company, Inc. within the Commonwealth. That being so, under the Rufo ruling, service of process must be quashed.
It has been suggested that service could have been made on Douglas Aircraft Company, Inc. under the provisions of Rule 2180 of the Pennsylvania Rules of Civil Procedure, 12 P.S.Appendix, and, therefore, this Court has jurisdiction. Since service has not been made under Rule 2180 the validity of any service pursuant thereto is not now before the Court.
AND NOW, this ninth day of April, 1962, it is ORDERED that the service of process by registered mail on defendant Douglas Aircraft Company, Inc. through the Secretary of the Commonwealth of Pennsylvania pursuant subsection 1011, subd. B of the Business Corporation Law (15 P.S. § 2852-1011, subd. B) and it is hereby Quashed.
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